Contract Termination and Damages Compensation: Commentary on the Judgment Cass. civ., Sez. III, Ord. n. 25872/2024
The judgment n. 25872 of the Court of Cassation, issued on September 27, 2024, addresses crucial issues related to the State's responsibility for compensating victims of violent crimes. In particular, the Court had to interpret the application of Directive 2004/80/EC of the European Union, which requires member states to ensure adequate compensation for victims of violent crimes. The ruling takes place within a complex legal context, where European and Italian regulations intertwine, creating fertile ground for legal reflections and debates.
The Context of the Judgment
The case in question involves three Italian citizens who sued the State for the failure to implement the European directive, particularly for not establishing an adequate compensation system. The plaintiffs, relatives of murder victims, sought compensation of 120,000 euros each, arguing that, under the directive, they should have received compensation for the damages suffered.
- The Court of Appeal of Venice accepted the compensation request, recognizing the State's responsibility.
- The Presidency of the Council of Ministers then appealed to the Court of Cassation, arguing the lack of standing of the plaintiffs.
- The central issue is the definition of "victim" according to European law and national legislation.
The Court of Cassation deemed it necessary to refer a preliminary question to the Court of Justice of the European Union to clarify the scope of the State's compensatory responsibility.
The Legal Issues Raised
The first relevant aspect is the definition of "victim" in the context of the European directive and Italian law. The Presidency of the Council argued that only the person directly harmed by the crime can be considered a victim, excluding relatives. However, the Court referenced the case law of the Court of Justice, which broadens this definition to include relatives who have suffered harm as a result of the crime.
Furthermore, the judgment highlighted the discrepancies between national and European legislation, emphasizing how Italian law does not adequately guarantee the rights of victims, thereby creating a failure to comply with European obligations.
Conclusions
The judgment n. 25872/2024 represents an important step towards the protection of the rights of crime victims in Italy. It underscores the necessity for alignment between national and European legislation to ensure fair and adequate compensation for all victims, including indirect ones. The Court of Cassation, by requesting a referral to the Court of Justice of the European Union, emphasizes a fundamentally important issue: the protection of human rights and the State's responsibility to ensure justice for victims of violent crimes.
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